Blue Cross and Blue Shield v. William J. Cox

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
NOVEMBER 17, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-15425
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D. C. Docket No. 07-00533-CV-CAP-1
BLUE CROSS AND BLUE SHIELD ASSOCIATION,
Plaintiff-Appellant,
versus
WILLIAM JOSEPH COX,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Georgia
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(November 17, 2010)
Before BARKETT, MARTIN and HILL, Circuit Judges.
PER CURIAM:
Appellant Blue Cross and Blue Shield Association (“BCBSA”) asks this
Court, in accordance with the settlement agreement of the parties, to vacate the

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September 23, 2009 Summary Judgment entered in favor of Appellee William
Joseph Cox. Because of the exceptional circumstances of this case, we VACATE1
the Judgment pursuant to 28 U.S.C. § 2106. See U.S. Bancorp Mortg. Co. v.
Bonner Mall P’ship, 513 U.S. 18, 29 (1994). Thus, we DISMISS the appeal as
moot, pursuant to the parties’ settlement agreement.
Unexpected developments make it unlikely that full counseling would be available to1
the court if litigation continues in this case. The possible preclusive effect if the case remains is
undesirable under these circumstances.
2

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